IACHR EXPRESSES
CONCERN ABOUT THE DETERIORATION OF THE SITUATION OF FREEDOM OF
EXPRESSION IN VENEZUELA

Washington, August
3, 2009—The Inter-American Commission of Human Rights (IACHR) is deeply
concerned about the deterioration of the situation of freedom of
expression in Venezuela. Since 2000, the IACHR has observed a gradual
deterioration and restriction on the exercise of this right in
Venezuela, as well as a rising intolerance of critical expression.
Through information received by the Office of the Special Rapporteur for
Freedom of Expression, over the past few days the Commission has known
new facts that show that the situation is growing more serious, such as
the closing of 34 radio stations, the armed attack on the Globovisión
channel and the presentation of a bill that seeks to impose new
restrictions on the freedom of expression.

By a July 31, 2009
decision of the National Council of Telecommunications (CONATEL), 34
radio stations operating in AM and FM were forced to cease broadcasting
immediately. The decisions that revoked the permits or licenses were
allegedly based on technical reasons related to the massive lack of
compliance with some of the regulations of the telecommunications law.
According to the information received, the competent authorities
announced that one of their reasons to proceed with these closures of
radio and television stations was that these stations “play at
destabilizing Venezuela.”

The IACHR is
concerned by the existence of elements that suggest that the editorial
stance of these media outlets have been one of the reasons for their
closure. The Commission recognizes the Government’s competency to
regulate radio frequencies, but emphasizes that this competency has to
be used with strict observance of due process and with respect to the
Inter-American standards that guarantee freedom of expression of all
persons. In particular, the limitations imposed to freedom of expression
must not incite intolerance, nor be discriminatory or have
discriminatory effects or be based on the editorial line of the media.

Recently, the
Attorney General of Venezuela, Luisa Ortega Diaz, presented a bill to
the National Assembly with the objective of punishing these
“media-related crimes.” The bill sets prison sentences of up to 4 years
for persons that disseminate “false” information or information “against
the interests of the State.” The bill also establishes sentences of up
to 4 years for people who refuse to report “facts or situations in which
the lack of disclosure constitutes an infringement of the right of
information.” If approved, this bill would be a serious step backwards
in the exercise of the right to freedom of expression in Venezuela.

Likewise, the
IACHR received information that on August 3, 2009, armed persons entered
the headquarters of Globovisión by force and threw tear gas canisters.
This attack is one of many acts of violence that have occurred in recent
years against journalists and employees of Globovisión and other media
organizations that take a critical stance towards the Government. The
IACHR urges the State to investigate these acts, punish those
responsible and adopt all of the necessary measures to ensure the life
and personal integrity of the journalists and employees of Globovisión,
and of all of the media organizations in a way in which they can
continue their work unrestricted.

The IACHR has
repeatedly expressed its serious concern about the situation of freedom
of expression in Venezuela. Likewise, the IACHR’s Rapporteurship of
Freedom of Expression has voiced its concern and has submitted several
communications to the State requesting information and expressing the
need of legal and administrative regulations to comply with
Inter-American standards on the subject. The closing of 34 radio
stations, the threats of further closures, the aggression toward
journalists, the attacks on media outlets that take a critical stance
and the recent bill of law all represent serious limitations to the free
exercise of the right to freedom of expression in Venezuela.

The IACHR is
preparing a report about the general human rights situation in
Venezuela. The requests for information about topics regarding freedom
of expression form part of the efforts of the Inter-American Commission
to obtain materials for the elaboration of its report.

A
principal, autonomous body of the Organization of American States (OAS),
the IACHR derives its mandate from the OAS Charter and the American
Convention on Human Rights.The
Inter-American Commission has the mandate to promote respect for human
rights in the region and acts as a consultative body to the OAS in this
matter.The
Commission is composed of seven independent members who act in a
personal capacity, without representing a particular country, and who
are elected by the OAS General Assembly.